[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5401 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5401

   To authorize the Secretary of Education to make grants for energy 
  efficiency improvements and renewable energy improvements at public 
               school facilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 2008

  Mr. Loebsack (for himself, Mr. Hare, Ms. Hooley, Mr. Payne, Mr. Van 
  Hollen, Mr. Boswell, and Mr. Kagen) introduced the following bill; 
       which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
   To authorize the Secretary of Education to make grants for energy 
  efficiency improvements and renewable energy improvements at 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.

    This Act may be cited as the ``Grants for Renewable and Energy 
Efficiency Needs School Improvement Act'' or the ``GREEN School 
Improvement Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) According to a recent report entitled ``Greening 
        America's Schools: Costs and Benefits'' buildings use a large 
        amount of the Nation's energy and electricity. Air pollution 
        and greenhouse gas emissions from burning fossil fuels to heat 
        and to generate electricity for these buildings can impose 
        health, environmental, and property damage costs. Green schools 
        use on average one-third less energy than conventional schools 
        and could lead to large overall emissions reductions per 
        school.
            (2) The same report indicates that out of 30 schools 
        reviewed, the average energy savings of a green school over a 
        conventional school was 33 percent and the water savings was 32 
        percent. The total financial savings from green schools are 
        around $70 per square foot, with a $12 per square foot savings 
        going directly to schools.
            (3) According to a 1996 GAO report, school officials 
        estimated that to bring schools up to a ``good overall 
        condition'', it would cost a total of $112,000,000,000, and 
        $11,000,000,000 alone to comply with Federal mandates.
            (4) According to a report by the National Center for 
        Education Statistics report, $127,000,000,000 is needed to 
        bring the three-quarters of current school buildings with need 
        for repairs, renovations and modernizations up to a ``good 
        overall condition''.
            (5) According to the GAO, 14,000,000 students attend 
        schools considered below standard or dangerous and almost two-
        thirds of schools have building features such as air 
        conditioning that are in need of extensive repair or 
        replacement leading to the air being unfit to breathe in nearly 
        15 thousand schools.
            (6) A report by The Rural School and Community Trust found 
        that overall public school enrollment in the United States 
        increased by about 602,000 students or 1 percent while 
        enrollment in rural schools increased by over 1,339,000 or 15 
        percent. The poorest rural populations are in the poorest 
        states least able to afford the cost of an adequate education.
            (7) A 2006 report by Building Educational Success Together 
        found that the academically neediest students, minorities and 
        impoverished students were most likely to attend the most 
        decrepit facilities and that while unprecedented spending on 
        facilities and growth was seen across the country, the least 
        affluent school districts made the lowest investment.
            (8) According to a recent report entitled ``Greening 
        America's Schools: Costs and Benefits'' an examination of 
        numerous States with green projects found a significant 
        increase in employment and revenue in those States. In this 
        same report, one State with green schools found a 5 percent 
        reduction in teacher turnover.
            (9) In examining numerous schools, based on a substantial 
        data set a 3-5 percent improvement in learning ability and test 
        scores in green schools can be expected.
            (10) According to a report by the U.S. Environmental 
        Protection Agency entitled ``Indoor Air Quality'' in January 
        2003, students and faculty typically spend 85 to 90 percent of 
        their time indoors and the concentration of pollutants indoors 
        is typically higher than outdoors, sometimes by as much as 10 
        or even 100 times.
            (11) According to a study by the Carnegie Mellon University 
        Center for Building Performance in 2005, 17 separate studies 
        all found positive health impacts from improved indoor air-
        quality, ranging from 13.5 percent up to 87 percent 
        improvements with average improvement of 41 percent.
            (12) According to a recent report entitled ``Greening 
        America's Schools: Costs and Benefits'', an analysis of 
        numerous green schools showed that both teacher sick days and 
        student absenteeism decreased by 12 to 15 percent in green 
        schools.

SEC. 3. DEFINITIONS.

    In this section:
            (1) Eligible entity.--The term ``eligible entity'' means a 
        consortium of--
                    (A) one local educational agency; and
                    (B) one or more--
                            (i) schools;
                            (ii) non-profit organizations;
                            (iii) for-profit organizations; or
                            (iv) community partners that have the 
                        knowledge and capacity to partner and assist 
                        with energy improvements.
            (2) Energy improvements.--The term ``energy improvements'' 
        means--
                    (A) any improvement, repair, or renovation, to a 
                school that will result in a direct reduction in school 
                energy costs including but not limited to improvements 
                to building envelope, air conditioning, ventilation, 
                heating system, domestic hot water heating, compressed 
                air systems, distribution systems, lighting, power 
                systems and controls;
                    (B) any improvement, repair, renovation, or 
                installation that leads to an improvement in teacher 
                and student health including but not limited to indoor 
                air quality, daylighting, ventilation, electrical 
                lighting, and acoustics; and
                    (C) the installation of renewable energy 
                technologies (such as wind power, photovoltaics, solar 
                thermal systems, geothermal energy, hydrogen-fueled 
                systems, biomass-based systems, biofuels, anaerobic 
                digesters, and hydropower) involved in the improvement, 
                repair, or renovation to a school.

SEC. 4. FORMULA GRANTS TO STATES FOR ENERGY EFFICIENCY IMPROVEMENTS AND 
              RENEWABLE ENERGY IMPROVEMENTS AT PUBLIC SCHOOL 
              FACILITIES.

    (a) Authority.--From amounts made available for grants under this 
section, the Secretary of Education shall allocate funds to States to 
provide grants to local educational agencies and eligible entities to 
make energy improvements authorized by this section.
    (b) Formula.--Amounts made available for grants under this section 
shall be allocated as follows:
            (1) 1 percent shall be allocated to provide assistance to 
        outlying areas.
            (2) 1 percent shall be allocated to the Secretary of the 
        Interior to provide assistance to Bureau-funded schools.
            (3) The remaining amounts shall be allocated to the State 
        educational agencies. Each State educational agency shall be 
        allocated an amount that bears the same relation to the amount 
        appropriated for the fiscal year as the amount the State 
        received for fiscal year 2008 under part A of title I of the 
        Elementary and Secondary Education Act of 1965 bears to the 
        amount all States received for fiscal year 2008, except that no 
        State educational agency shall receive less than 0.5 percent of 
        the remaining amounts.
    (c) Amount Reserved by State for Administration.--A State 
educational agency receiving an allocation under subsection (b) may 
reserve not more than 2 percent of that allocation for the purpose of 
administering the distribution of grants under this section.
    (d) Competitive Grants.--
            (1) In general.--After any reservation under subsection 
        (c), the State educational agency shall grant all remaining 
        amounts on a competitive basis to local educational agencies 
        and eligible entities. Any amounts that the State educational 
        agency cannot grant shall be returned to the Secretary and 
        reallocated by the Secretary to other States under subsection 
        (b).
            (2) Priority.--In making grants under this subsection, the 
        State educational agency shall give priority to a local 
        educational agency that has renovation, repair, and improvement 
        funding needs and is--
                    (A) a high-need local educational agency, as 
                defined in section 2102 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6602); or
                    (B) a local educational agency designated with a 
                metrocentric locale code of 41, 42, or 43 as determined 
                by the National Center for Education Statistics (NCES), 
                in conjunction with the Bureau of the Census, using the 
                NCES system for classifying local educational agencies.
            (3) Competitive criteria.--The competitive criteria used by 
        the State educational agency shall include the following:
                    (A) The fiscal capacity of the local educational 
                agency or eligible entity to meet the needs for 
                improvements of school facilities without assistance 
                under this section, including the ability of the local 
                educational agency or eligible entity to raise funds 
                through the use of local bonding capacity and 
                otherwise.
                    (B) In the case of a local educational agency that 
                proposes to fund an improvement for a charter school, 
                the extent to which the school has access to funding 
                for the project through the financing methods available 
                to other schools or local educational agencies in the 
                State.
                    (C) The likelihood that the local educational 
                agency or eligible entity will maintain, in good 
                condition, any facility whose improvement is assisted.
            (4) Applications.--To be eligible to receive a grant under 
        this section, an applicant must submit to the State educational 
        agency an application that includes each of the following:
                    (A) A needs assessment of the current condition of 
                the school and facilities that are to receive the 
                energy improvements.
                    (B) A draft work plan of what applicant hopes to 
                achieve at the school and a description of the energy 
                improvements to be carried out.
                    (C) A description of the applicant's capacity to 
                provide services and comprehensive support to make the 
                energy improvements.
                    (D) An assessment of the applicant's expected needs 
                for operation and maintenance training funds, and a 
                plan for use of those funds, if any.
                    (E) An assessment of the expected benefits of the 
                energy improvements.
                    (F) A cost estimate of the proposed energy 
                improvements.
                    (G) An identification of other resources that are 
                available to carry out the activities for which funds 
                are requested under this section, including the 
                availability of utility programs and public benefit 
                funds.
                    (H) An assurance that the application was developed 
                in consultation with the facilities manager of the 
                school, parents, classroom teachers, and principals.
                    (I) A memorandum of understanding between the 
                school selected for the energy improvements and the 
                applicant.
                    (J) An assessment of the need for an audit and, if 
                so, a justification of the need for the audit.
                    (K) If the applicant is an eligible entity--
                            (i) a description of the eligible entity;
                            (ii) a description of the capacity of the 
                        eligible entity to provide services and support 
                        applicable to the energy improvements; and
                            (iii) a memorandum of understanding between 
                        the eligible entity and local educational 
                        agency.
                    (L) Any other information and assurances that the 
                State educational agency may reasonably require.
            (5) Matching funds.--The State educational agency may 
        require a recipient to provide matching funds and, in 
        determining the amount of the matching funds, shall take into 
        account the relative poverty of the population served by the 
        local educational agency.
    (e) Use of Grant Amounts.--
            (1) In general.--The recipient of a grant under this 
        section shall use the grant amounts only to make the energy 
        improvements contemplated in the application, subject to the 
        other provisions of this subsection.
            (2) Operation and maintenance training.--The recipient may 
        use up to 5 percent for operation and maintenance training for 
        energy efficiency and renewable energy improvements (such as 
        maintenance staff and teacher training, education, and 
        preventative maintenance training).
            (3) Audit.--The recipient may use funds for a third-party 
        investigation and analysis for energy improvements (such as 
        energy audits and existing building commissioning).
            (4) Continuing education.--The recipient may use up to 1 
        percent of the grant amounts to develop a continuing education 
        curriculum relating to energy improvements.
    (f) Contracting Requirements.--
            (1) Davis-bacon.--Any laborer or mechanic employed by any 
        contractor or subcontractor in the performance of work on any 
        energy improvements funded 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 under subchapter IV of chapter 31 of title 
        40, United States Code (commonly referred to as the Davis-Bacon 
        Act).
            (2) Competition.--Each applicant that receives funds shall 
        ensure that, if the applicant carries out repair or renovation 
        through a contract, any such contract process--
                    (A) ensures the maximum number of qualified 
                bidders, including small, minority, and women-owned 
                businesses, through full and open competition; and
                    (B) gives priority to businesses located in, or 
                resources common to, the State or the geographical area 
                in which the project is carried out.
    (g) Reporting.--
            (1) By recipients.--Each recipient of a grant under this 
        section shall submit to the State educational agency, at such 
        time as the State educational agency may require, a report 
        describing the use of such funds for energy improvements, the 
        estimated cost savings realized by those energy improvements, 
        the results of any audit, the use of any utility programs and 
        public benefit funds and the use of performance tracking for 
        energy improvements (such as the Department of Energy: Energy 
        Star program or LEED for Existing Buildings).
            (2) By states.--Each State educational agency receiving an 
        allocation under this section shall submit to the Secretary, 
        not later than December 30 of each year, a report on the use of 
        funds received and made available to recipients for energy 
        improvements, the estimated cost savings realized by those 
        energy improvements, the results of any audits, the use of any 
        utility programs and public benefit funds and the use of 
        performance tracking for energy improvements (such as the 
        Department of Energy: Energy Star program or LEED for Existing 
        Buildings).
    (h) Best Practices.--
            (1) Publication of state reports.--The Secretary shall 
        publish the reports from the State educational agencies.
            (2) Development of guidelines.--The Secretary shall use the 
        results of the reports to develop, in consultation with the 
        Secretary of Energy, guidelines and best practices for 
        activities carried out under this section.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000,000 for each of 
fiscal years 2009 through 2014.

SEC. 5. COMPETITIVE GRANTS TO STATES TO DEVELOP GUIDELINES FOR ENERGY 
              IMPROVEMENTS.

    (a) Authority.--From amounts made available for grants under this 
section, the Secretary of Education shall, on a competitive basis, make 
grants to States to develop guidelines and standards for energy 
improvements and new facility construction within the State.
    (b) Priority.--In making grants under this section, the Secretary 
shall give priority to the following:
            (1) A State that has local educational agencies that have 
        renovation, repair, and improvement funding needs and are--
                    (A) high-need local educational agencies, as 
                defined in section 2102 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6602); or
                    (B) local educational agencies designated with a 
                metrocentric locale code of 41, 42, or 43 as determined 
                by the National Center for Education Statistics (NCES), 
                in conjunction with the Bureau of the Census, using the 
                NCES system for classifying local educational agencies.
            (2) A State that does not have established guidelines and 
        standards for energy improvements, and new facility 
        construction.
    (c) Applications.--To be eligible to receive a grant under this 
section, an applicant must submit to the Secretary an application that 
includes each of the following:
            (1) An assessment of the need for State guidelines and 
        standards for energy improvements and new facility 
        construction.
            (2) An assessment of the expected benefits of guidelines 
        and standards for energy improvements and new facility 
        construction.
            (3) A cost estimate of the proposed development of 
        guidelines and standards for energy improvements and new 
        facility construction.
            (4) A plan for utilization of guidelines and standards for 
        energy improvements and new facility construction.
            (5) A plan for utilization of businesses located in, or 
        resources common to, the geographical area.
            (6) Any other information and assurances that the Secretary 
        may reasonably require.
    (d) Use of Funds.--
            (1) In general.--The recipient of a grant under this 
        section shall use the grant amounts only to develop the 
        guidelines and standards contemplated by this section, subject 
        to the other provisions of this subsection.
            (2) Content of guidelines and standards.--The guidelines 
        and standards shall--
                    (A) be based on current regional standards set by 
                the Department of Energy; and
                    (B) give priority to the utilization of businesses 
                located in, or resources common to, the geographical 
                area.
            (3) Fees.--The recipient may use grant amounts for fees 
        related to securing information resources, obtaining training, 
        and obtaining certifications, to the extent doing so is 
        relevant to developing guidelines and standards for 
        renovations, modernizations, and new construction (such as 
        obtaining third party certification for the institution of best 
        practices related to ongoing operations and maintenance for 
        existing buildings).
    (e) Reporting.--Each recipient of grant funds under this section 
shall, not later than December 30 of the year for which the funds were 
awarded, submit to the Secretary a report that describes the progress 
made in developing the guidelines and standards, and includes any 
completed guidelines and standards.
    (f) Best Practices.--
            (1) Publication of reports.--The Secretary shall publish 
        the reports from the State educational agencies.
            (2) Development of nationwide regional guidelines.--The 
        Secretary shall use the results of the reports to develop, in 
        consultation with the Secretary of Energy, best practices to 
        further the goal of developing nationwide and regional 
        guidelines and standards for improvements, modernizations, 
        renovations, and new construction.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000 for each of fiscal 
years 2009 through 2014.

SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.

    (a) In General.--The Comptroller General of the United States shall 
carry out a study on--
            (1) the costs of repair, renovation, and construction for 
        public elementary schools and secondary schools in the United 
        States;
            (2) the expenditures of Federal, State, local, and private 
        funds for such costs; and
            (3) the potential of Federal funding to address the repair, 
        renovation, and construction needs of public elementary schools 
        and secondary schools in the United States with energy 
        improvements.
    (b) Estimates and Measures.--In carrying out the study, the 
Comptroller General shall--
            (1) estimate the costs needed to repair, renovate, and 
        construct all schools described in subsection (a)(1) to a 
        ``good overall condition'';
            (2) measure the expenditures described in subsection (a)(2) 
        for the period beginning with fiscal year 2001 and ending with 
        the most recent fiscal year for which data are available; and
            (3) estimate the potential costs, and the potential cost 
        savings, of including in needed repairs, renovations, and 
        construction, energy improvements, as described in subsection 
        (a)(3).
    (c) Analysis.--With respect to subsection (b)(2), the Comptroller 
General shall examine the history of such expenditures, including 
examining--
            (1) types of schools assisted, and the types of repair, 
        renovation, and construction activities conducted, with those 
        expenditures;
            (2) how the expenditures were allocated among improvements 
        to land, buildings, and equipment;
            (3) how Federal funds for such activities have been 
        distributed; and
            (4) how Federal funds have been used to support energy 
        improvements in public elementary schools and secondary 
        schools.
    (d) Report.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General shall submit to Congress 
a report on the results of the study.
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